Pierre Nelson Leval
How Judge Leval rules, drawn from 34 signed orders. Every observation links to the order it came from.
How Judge Leval decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For copyright fair use, treats search and snippet functions as transformative when they expand public knowledge without offering a substantial substitute for protected expression.
“Google’s making of a digital copy to provide a search function is a transformative use, which augments public knowledge by making available information about Plaintiffs’ books without providing the public with a substantial substitute for matter protected by the Plaintiffs’ copyright interests in the original works or derivatives of them.”
At the pleading stage, credits a reasonable consumer's understanding of prominent front-label claims even when smaller-print information elsewhere supplies more detail.
“Reviewed under the proper standards for a Rule 12(b)(6) motion, the Complaint plausibly alleged that a reasonable consumer would be misled by Defendant's whole grain labels to believe that the grain in whole grain Cheez-Its was predominantly whole grain.”
Limits the digital first-sale defense when a transfer fixes the file in a new device and thereby creates a new phonorecord through reproduction.
“The fixing of the digital file in ReDigi's server, as well as in the new purchaser's device, creates a new phonorecord, which is a reproduction.”
Evidence that foot surgery involved continuing treatment could permit a jury to find an FMLA serious health condition and made the employee’s abbreviated notice potentially reasonable.
“The district court concluded that the Hospital was entitled to judgment as a matter of law because Pollard could not prove a 'serious health condition.' We disagree and therefore vacate the judgment.”
The online-service safe harbor extends to pre-1972 sound recordings, and an employee’s mere viewing of a video containing recognizable protected music does not establish actual or red-flag knowledge.
“We conclude that the safe harbor of Section 512(c) applies to pre-1972 sound recordings; the mere fact that a video contains all or virtually all of a 'recognizable,' copyrighted sound recording and was viewed in some fashion by a service provider's employee is insufficient to prove knowledge or red flag knowledge of infringement”
The Petroleum Marketing Practices Act supplied jurisdiction over the franchise dispute, and its lenient preliminary-injunction standard supported preserving the gas-station tenancy pending trial.
“Because we conclude that the PMPA provides jurisdiction over Koylum’s suit and that the district court did not abuse its discretion in granting a preliminary injunction under the PMPA’s lenient standard, we affirm.”
Procedural preferences
For copyright-profit claims, requires the owner to identify gross revenue reasonably related to the infringement before shifting apportionment to the defendant.
“Nonetheless we think the term ‘gross revenue’ under the statute means gross revenue reasonably related to the infringement, not unrelated revenues.”
A sentence-reduction denial was remanded when the record suggested that the court had not resolved eligibility or had used a miscalculated revised guideline range that might have prejudiced the defendant.
“Because the record strongly suggests that the court erred either by failing to determine the Defendant's eligibility for a sentence reduction, or by miscalculating the revised United States Sentencing Guidelines (the ‘Guidelines’) range, and the Defendant might have been prejudiced by the error, we REMAND for reconsideration.”
The Investment Company Act supplied a private right of action, but the judgment was still affirmed on the alternate ground that the indenture required distribution of the assets as ordered.
“We conclude that the district court erred in finding that ICA Section 47(b) does not provide a private right of action. However, we agree with the district court that Lansuppe has demonstrated that it is entitled to summary judgment ordering distribution of Soloso's assets according to the terms of the Indenture”
Cautions
Treats automated access as unauthorized after the system owner gives sufficient notice that continued robot queries are prohibited and alleged to cause harm.
“As the district court noted, Register’s complaint sufficiently advised Verio that its use of robots was not authorized and, according to Register’s contentions, would cause harm to Register’s systems.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We reject these arguments and conclude that the district court correctly sustained Google's fair use defense.”
“For the reasons stated above, the petition for rehearing is denied.”
“We reject Shabazz's arguments and deny his motion.”
“The district court's judgment is REVERSED, and the case is REMANDED with instructions to enter a default judgment in Plaintiff's favor.”
“Reviewed under the proper standards for a Rule 12(b)(6) motion, the Complaint plausibly alleged that a reasonable consumer would be misled by Defendant's whole grain labels to believe that the grain in whole grain Cheez-Its was predominantly whole grain. Accordingly, we vacate the judgment of the district court and remand for further proceedings.”
“We respectfully disagree with the district court's view that Connecticut's robbery statute does not require at a minimum force that would satisfy the ACCA standard. We think that the threat of force capable of causing pain or injury is inherent in the crime of robbery. Accordingly, we VACATE the judgment.”
“Because the record strongly suggests that the court erred either by failing to determine the Defendant's eligibility for a sentence reduction, or by miscalculating the revised United States Sentencing Guidelines (the ‘Guidelines’) range, and the Defendant might have been prejudiced by the error, we REMAND for reconsideration.”
“We conclude that the district court erred in finding that ICA Section 47(b) does not provide a private right of action. However, we agree with the district court that Lansuppe has demonstrated that it is entitled to summary judgment ordering distribution of Soloso's assets according to the terms of the Indenture and that Intervenors' cross-claims fail. Accordingly, we affirm the district court's grant of summary judgment to Lansuppe.”
“The district court concluded that the Hospital was entitled to judgment as a matter of law because Pollard could not prove a 'serious health condition.' We disagree and therefore vacate the judgment.”
“We find that the district court erred in its reasoning. We accordingly vacate in part, reverse in part, and remand.”
“The District Court ruled in MetLife's favor, staying arbitration of Bucsek's claims. We affirm.”
“We agree with BNY Mellon. Accordingly, we reverse the judgment and remand for consideration of Chesapeake's second claim for declaratory relief.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry an assigned trial-court caseload.
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